The Status of Western Sahara As a Non-Self-Governing Territory
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UNIO - EU Law Journal. Vol. 5, No. 2, July 2019, pp 103-127. ®2019 Centre of Studies in European Union Law School of Law – University of Minho You can’t have your cake and eat it too: Portugal and the self-determination of Western Sahara Francisco Pereira Coutinho* ABSTRACT: Western Sahara self-determination posits a conundrum to Portuguese foreign policy. Moral and legal imperatives which stem from the relentless efforts taken in the 80’s and the 90’s advocating in international fora the self-determination of East Timor impel the pursuit of an idealistic diplomacy of unconditional support for the akin self-determination of Western Sahara. Political, strategic, economic, historical and cultural ties dictate a realpolitik aimed at fostering diplomatic relations with Morocco without shunning Algeria, another key stakeholder in the Maghreb region. These constraints motivated the adoption of an impartial and equidistant position towards the Western Sahara conflict. This strategy was exposed after the Court of Justice ceased in Front Polisario, the de facto application of the EU/Morocco agreements in Western Sahara. Notwithstanding multiple pledges to the contrary, the Portuguese Government picked Morocco’s side in the conflict by lodging written interventions aimed at neutralizing the Court of Justice of the EU, and by approving Council decisions that expressly extend EU/Morocco agreements to Western Sahara in breach of EU and international law. KEYWORDS: access to documents – decolonization – international agreements – self- determination – Western Sahara. * Professor at the Faculdade de Direito da Universidade Nova de Lisboa (Lisbon Nova Law School). Member of CEDIS – R & D Research Center for Law and Society. - 
												
												War and Insurgency in the Western Sahara
Visit our website for other free publication downloads http://www.StrategicStudiesInstitute.army.mil/ To rate this publication click here. STRATEGIC STUDIES INSTITUTE The Strategic Studies Institute (SSI) is part of the U.S. Army War College and is the strategic-level study agent for issues relat- ed to national security and military strategy with emphasis on geostrategic analysis. The mission of SSI is to use independent analysis to conduct strategic studies that develop policy recommendations on: • Strategy, planning, and policy for joint and combined employment of military forces; • Regional strategic appraisals; • The nature of land warfare; • Matters affecting the Army’s future; • The concepts, philosophy, and theory of strategy; and, • Other issues of importance to the leadership of the Army. Studies produced by civilian and military analysts concern topics having strategic implications for the Army, the Department of Defense, and the larger national security community. In addition to its studies, SSI publishes special reports on topics of special or immediate interest. These include edited proceedings of conferences and topically-oriented roundtables, expanded trip reports, and quick-reaction responses to senior Army leaders. The Institute provides a valuable analytical capability within the Army to address strategic and other issues in support of Army participation in national security policy formulation. Strategic Studies Institute and U.S. Army War College Press WAR AND INSURGENCY IN THE WESTERN SAHARA Geoffrey Jensen May 2013 The views expressed in this report are those of the authors and do not necessarily reflect the official policy or position of the Department of the Army, the Department of Defense, or the U.S. - 
												
												Resolution on Western Sahara
RESOLUTION ON WESTERN SAHARA ADOPTED BY THE COUNCIL OF MEMBERS/ EXTRAORDINARY GENERAL ASSEMBLY BRAGA, PORTUGAL, 17-20 NOVEMBER 2011 1 COMEM 0995-11-FINAL The Arab Spring was sparked one year ago in Western Sahara when the Moroccan security forces used violence to dismantle the protest camp Gdeim Izik that has been set up against the ongoing discrimination, poverty and human rights abuses against Western Saharan citizens. The Western Saharan region had been a Spanish colony since 1958. On 14 November 1975, Morocco, Mauritania and Spain signed the “Tripartite Agreement” according to which Spain transferred the administration of Western Sahara to the other two countries. The “Green March” in 1975 meant the invasion of Western Sahara by Morocco, an occupation that has lasted until today. Part of the Western Saharan population remained at the occupied territories, and others had to abandon their country and subsist in refugee camps in the Algerian dessert. Since then there have been several relevant United Nations Security Council Resolutions concerning the Western Saharan situation. Through the unanimous adoption of resolution 1495 in 2003, the Council expressed its continued strong support for the efforts of the Secretary-General and his Personal Envoy, for their Peace Plan for self-determination of the people of Western Sahara as an “optimum political solution” on the basis of agreement between the two parties. The European Parliament counts on several Resolutions asking Member States to work on the protection of the Saharawi population, and respect for their fundamental rights, including freedom of expression and freedom of movement. The EP has also expressed its support for a just and lasting solution to the conflict in Western Sahara, based on the rule of law and international law. - 
												
												Frente Polisario) (Western Sahara
United Nations I! Nations Unies Distr. RESTRICTED CRS/2019/CRP.10 ORIGINAL: E GLISH THIRD INTERNATIONAL DECADE FOR THE ERADICATION OF COLONIALISM Caribbean regio al seminar on the implementation of the Third International Decade for the Eradication of Colonialism: accelerating decolonization through renewed commitment and pragmatic measures Saint George s, Grenada 2 to 4 May 2019 STATEME T BY SIDI MOHAMED OMAR (FRENTE POLISARIO (WESTERN SAHARA) Statement of the Frente POLISARIO (Western Sahara) C-24 2019 Pacific Regional Seminar, St. Geor e's, Grenada, 2-4 May 2019 Sidi M. Omar Madame Chair, Distinguished Representatives and Delegates of Member States, Ladies and Gentlemen, It is a pleasure to address the Committee for the second time here in Grenada on behalf of the Frente POLISARIO, the legitimate and UN-recognised representative of the people of the Non-Self- Governing Territory of Western Sahara, which has been on the agenda of this Committee since 1963. The theme of the seminar dealing with the Implementation of the Third I ternational Decade for the Eradication of Colo ialism: accelerating decolonization through renewed commitment and pragmatic measures is relevant to the question of Western Sahara. It is my intention therefore to share with you the views of the Frente POLISARIO on the current situation and the way forward in the decolonisation process of the Territory. The question of Weste Sahara as a Non-Self-Governing Territory is a straightforward and clear- cut issue of decolonisation in accordance with the resolutions of the General Assembly, which is the principal organ of the U with the responsibility regarding matters of decolonisation. - 
												
												An Unusual Revolution: the Palestinian Thawra in Lebanon, C
Durham Middle East Papers AN UNUSuaL REVOLUTION: THE PALESTINIAN THAWra IN LEBANON, C. 1969-82 Dr Anne Irfan Durham Middle East Paper No. 103 Durham Middle East Papers Institute for Middle Eastern and Islamic Studies Institute for Middle Eastern and Islamic Studies Durham University Al-Qasimi Building Elvet Hill Road Durham AN UNUSuaL REVOLUTION: Durham Middle East Papers No. 103 DH1 3TU ISSN 1476-4830 THE PALESTINIAN THAWra IN LEBANON, C. 1969-82 Tel: +44 (0)191 3345680 September 2020 The Durham Middle East Papers series covers all aspects of the economy, politics, social science, history, literature and languages of the Middle East. Authors are invited to submit papers to the Editorial Board for consideration for publication. Dr Anne Irfan The views expressed in this paper are the author(s) alone and do not necessarily reflect those of the publisher or IMEIS. All Rights Reserved. This paper cannot be photocopied or reproduced without prior permission. Durham Middle East Paper No. 103 © Dr Anne Irfan and Durham University, 2020 About The Institute Editorial Board The Institute for Middle Eastern and Islamic Studies (IMEIS), within the Professor Anoush Ehteshami Dr Colin Turner School of Government & International Affairs, is a Social Science-focused Exofficio member Reader in Islamic Thought in academic institute of excellence, research-led in ethos, with a track-record of Professor of International Relations the School of Government and internationally acclaimed research outputs across all sub-areas of its activity. in the School of - 
												
												Plan for Self-Determination for the People of Western Sahara
United Nations S/2007/210 Security Council Distr.: General 16 April 2007 Original: English Letter dated 16 April 2007 from the Permanent Representative of South Africa to the United Nations addressed to the President of the Security Council I have the honour to write to transmit to you the proposal of the Frente Polisario for a mutually acceptable political solution that provides for the self- determination of the people of Western Sahara (see annex). I should be grateful if you would have the present letter and its annex circulated as a document of the Security Council. (Signed) Dumisani S. Kumalo Ambassador and Permanent Representative of the Republic of South Africa 07-30876 (E) 170407 *0730876* S/2007/210 Annex to the letter dated 16 April 2007 from the Permanent Representative of South Africa to the United Nations addressed to the President of the Security Council [Original: English and French] Proposal of the Frente Polisario for a mutually acceptable political solution that provides for the self-determination of the people of Western Sahara I. The Conflict of Western Sahara is a decolonisation question: 1. Included since 1965 on the list of the Non-Self-Governing territories of the UN Decolonisation Committee, Western Sahara is a territory of which the decolonisation process has been interrupted by the Moroccan invasion and occupation of 1975 and which is based on the implementation of the General Assembly resolution 1514 (XV) regarding the Declaration on the Granting of Independence to Colonial Countries and Peoples. 2. The UN General Assembly and the Security Council have identified this conflict as a decolonisation conflict between the Kingdom of Morocco and the Frente POLISARIO whose settlement passes by the exercise by the Saharawi people of their right to self-determination. - 
												
												The Green March Brings Forth the Desert Treasures
The Newsletter | No.75 | Autumn 2016 6 | The Study The Green March brings forth the desert treasures Japan-Morocco economic and technical cooperation in the fishing sector has inadvertently resulted in Moroccan domestic politics integrating Western Sahara into the national territory. Japanese cooperation does not officially extend to Western Sahara due to the region’s disputed political status, yet it was nevertheless effectively used by the Moroccan government to develop the fishing industry in the region. This was motivated by the rich fishing grounds off the south- Atlantic coastline, from Tarfaya to the Mauritanian border, which are good for more than 60 percent of the Moroccan national fishery production in quantity and value. Furthermore, after thirty years of Japanese cooperation, the Moroccan fishing industry in Laâyoune and Dakhla (Western Sahara) now plays a leading role in the south-south cooperation between Morocco and sub-Saharan countries, by initiating workshops and educational programmes designed for the transferral of technical knowledge. Mayuka Tanabe FISH MAKES UP HALF of all animal protein consumption coming from the north of Tarfaya and also for the local Above: has increased its negotiating power with regard to fisheries in Japan, the highest rate in the world; the fishing industry Saharawi groups, in view of total annexation of Western Disembarkation agreements. Furthermore, the development of the artisanal has long been a vital part of economic and social life of the Sahara to Morocco by means of economic integration. of sardines at the fishing sector has contributed to a new pattern of internal nation. Since the 1960s, however, Japan has had to start In light of this political context, Japan’s financial and port of Laâyoune migration of fishermen (see below), and has also helped them importing fisheries products (seafood) as a way to counter- technical support has played an indirect but significant role. - 
												
												Beyond Islamists & Autocrats
PROSPECTS FOR POLITICAL REFORM POST ARAB SpRING Beyond Islamists & Autocrats MOROCCO: peting through more or less free and fair elections for par- liamentary and governmental positions since 1956, when Prospects for Civil Society the country established independence from French rule, n Vish Sakthivel arguably the greatest prospects for democratic reform can be found not in traditional political institutions but in the This paper, the second in a series exploring reformist country’s civil society. As this paper demonstrates, civil so- actors among non-Islamists throughout the region, ex- ciety entities such as trade unions and organizations work- amines prospects for political reform in Morocco. The ing on democratic development, women’s empowerment, paper defines democratic/reformist actors as individu- human rights, and the rights of the Berber (Amazigh) mi- als or groups supporting the familiar procedural mech- nority carry promise for Morocco’s democratic prospects, anisms of power sharing, such as regular elections and even as the political system remains dominated by the open contestation for political office, and also possi- monarchy. Indeed, since the constitutional reforms of bly working to strengthen the attendant freedoms of 2011, many Moroccan political groups, including those expression, association, and press; legal protections counterdemocratic strains with strong links to the regime, for minorities; and social conditions, such as literacy, portray themselves as reform-oriented, democratic actors widely acknowledged to be necessary components of a and may, in certain ways, serve as facilitators for reform democracy. Religious or Muslim democrats—or those groups. But their primary role is to facilitate continued le- seeing a role for religion in public life—are included in gitimacy for the regime, often taking up the ancillary role this definition. - 
												
												Report on the Kingdom of Morocco's Violations Of
REPORT ON THE KINGDOM OF MOROCCO’S VIOLATIONS OF ARTICLE 1 OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE PARTS OF WESTERN SAHARA UNDER MOROCCAN OCCUPATION On the occasion of Morocco’s fourth periodic report on the implementation of the International Covenant on Economic, Social and Cultural Rights To the attention of the Committee on Economic, Social and Cultural Rights Submitted by Western Sahara Resource Watch to the Committee on 18 August 2015 Contact: Sara Eyckmans, International Coordinator, Western Sahara Resource Watch, [email protected] www.wsrw.org 1 Executive Summary 2015 marks forty years since the invasion and occupation of what has come to be regarded as Africa’s last colony, Western Sahara. A significant number of well-established human rights obligations apply in the three quarters of the territory that is under Moroccan occupation. International law contains clear prescriptions for the protection, political independence and advancement of the Saharawi people, who were the original inhabitants of Western Sahara, then Spanish Sahara, until they were abandoned by Spain in 1975. Foremost is the right of self-determination of non-self-governing peoples. The norms prescribed by the International Covenant on Economic, Social and Cultural Rights have been consistently violated in occupied Western Sahara. This submission for the Committee on Economic, Social and Cultural Rights has been prepared by Western Sahara Resource Watch, an international non-governmental organization, based in Brussels. It is intended to highlight the significant failure of Morocco as the occupying power or State with responsibility for the territory of Western Sahara and the Saharawi people to ensure even the most basic compliance with the International Covenant on Economic, Social and Cultural Rights. - 
												
												Table 1 Comprehensive International Points List
Table 1 Comprehensive International Points List FCC ITU-T Country Region Dialing FIPS Comments, including other 1 Code Plan Code names commonly used Abu Dhabi 5 971 TC include with United Arab Emirates Aden 5 967 YE include with Yemen Admiralty Islands 7 675 PP include with Papua New Guinea (Bismarck Arch'p'go.) Afars and Assas 1 253 DJ Report as 'Djibouti' Afghanistan 2 93 AF Ajman 5 971 TC include with United Arab Emirates Akrotiri Sovereign Base Area 9 44 AX include with United Kingdom Al Fujayrah 5 971 TC include with United Arab Emirates Aland 9 358 FI Report as 'Finland' Albania 4 355 AL Alderney 9 44 GK Guernsey (Channel Islands) Algeria 1 213 AG Almahrah 5 967 YE include with Yemen Andaman Islands 2 91 IN include with India Andorra 9 376 AN Anegada Islands 3 1 VI include with Virgin Islands, British Angola 1 244 AO Anguilla 3 1 AV Dependent territory of United Kingdom Antarctica 10 672 AY Includes Scott & Casey U.S. bases Antigua 3 1 AC Report as 'Antigua and Barbuda' Antigua and Barbuda 3 1 AC Antipodes Islands 7 64 NZ include with New Zealand Argentina 8 54 AR Armenia 4 374 AM Aruba 3 297 AA Part of the Netherlands realm Ascension Island 1 247 SH Ashmore and Cartier Islands 7 61 AT include with Australia Atafu Atoll 7 690 TL include with New Zealand (Tokelau) Auckland Islands 7 64 NZ include with New Zealand Australia 7 61 AS Australian External Territories 7 672 AS include with Australia Austria 9 43 AU Azerbaijan 4 994 AJ Azores 9 351 PO include with Portugal Bahamas, The 3 1 BF Bahrain 5 973 BA Balearic Islands 9 34 SP include - 
												
												The Legal Issues Involved in the Western Sahara Dispute
The Legal Issues Involved In The Western Sahara Dispute The Principle of Self-Determination and the Legal Claims of Morocco COMMITTEE ON THE UNITED NATIONS JUNE 2012 NEW YORK CITY BAR ASSOCIATION 42 WEST 44TH STREET, NEW YORK, NY 10036 THE LEGAL ISSUES INVOLVED IN THE WESTERN SAHARA DISPUTE THE PRINCIPLE OF SELF-DETERMINATION Table of Contents Contents Page PART I: FACTUAL BACKGROUND....................................................................................... 3 PART II: ENTITLEMENT OF THE PEOPLE OF WESTERN SAHARA TO SELF- DETERMINATION UNDER INTERNATIONAL LAW ........................................................... 22 I. THE RIGHT TO SELF-DETERMINATION UNDER INTERNATIONAL LAW: GENERAL PRINCIPLES ............................................................................................................ 22 A. Historical Development of the Right to Self-Determination ................................................ 23 B. The United Nations Charter and Non-Self-Governing Territories ....................................... 26 C. Status of Right as Customary Law and a Peremptory Norm ................................................ 27 D. People Entitled to Invoke the Right ...................................................................................... 32 E. Geographic Boundaries on the Right to Self-Determination ................................................ 34 F. Exceptions to the Right to Self-Determination ..................................................................... 38 II. THE COUNTERVAILING RIGHT TO TERRITORIAL - 
												
												General Chronology of the Mediterranean
Chronologies General Chronology of the Mediterranean The general chronology presented continues to weaken and early elec- on 3rd July, after the scandal provoked here assembles details of the most tions are announced. by his insinuations about the assassi- Appendices relevant events that have taken place nation of the government labour con- in each of the states of the Mediter- Spain sultant, Marco Biagi. ranean region between July 2002 and • On 23rd July, President Carlo June 2003. The episodes are organ- • On 16th July, in the French depart- Aseglio Ciampi denounces the conflict ised according to the months in which ment of Les Landes four people are between Prime Minister Silvio Berlus- they happened, and each month is arrested and accused of belonging to coni’s political duties and his power 2003 headed by a schematic selection of ETA. In Paris, a court sentences ex- over the media. The President calls for news items; and accounts are given commander of ETA, Francisco Javier legislation that will assure its pluralism Med. of the most significant events in the dif- García Gaztelu, alias Txapote, to ten and impartiality. ferent countries. Furthermore, the es- years in prison for the planning of ter- tablishment of the African Union is in- rorist acts. Croatia cluded, as well as the monthly section • On 18th July, the French police, in that includes a segment about the Eu- collaboration with the Spanish Civil • After a crisis in the coalition gov- ropean Union, whose power and ini- Guard, arrest eight alleged members ernment, the reformist Prime Minister tiatives have a decisive influence on of the urban guerrilla group, the First of Ivica Racan resigns on 5th July, pub- 238-239 the Mediterranean area.